Conviction based on unreliable eyewitness testimony due to delays and contradictions cannot be sustained, emphasizing the need for credible evidence in criminal cases.

JUDGMENT :

AMITENDRA KISHORE PRASAD, J.

1. Since both these appeals arise out of the same impugned judgment of conviction and order of sentence, they are being heard together and are disposed of by this common judgment.

2. In these appeals filed under Section 374(2) Cr.P.C. the appellants have challenged the legality, validity and propriety of the judgment of conviction and order of sentence dated 03.02.2016 passed by the Sessions Judge, Baikunthpur, District Koriya, C.G. in Sessions Case No.57/2015, whereby and whereunder, the appellants stand convicted and sentenced as under:-

(All sentences were directed to run concurrently)

3. Case of the prosecution, in brief, is that Smt. Janki Bai (PW-1) and her elder sister/Rambai (hereinafter called as ‘deceased’), were residing in the same neighbourhood. On 02.03.2015, on the occasion of Holi festival, deceased- Rambai along with Sukhsen Panika, Prem Gond, Rajkumar and Arjun Gond, was playing Holi in the village by going door to door. It is alleged that after consuming liquor, deceased returned home in the afternoon. At about 6:00 p.m. on the same day, Rambai’s brother-in-law, Ramdevan Singh (PW-14) informed that deceased had left the house stating that she was going to search liquor and that she would return shortly to take her meal, but she did not return home till late in the night. Thereafter, her family members made enquiries in the neighbourhood and among relatives, but deceased could not be traced. On 07.03.2015, at about 8:30 a.m., Janki Bai (PW-1), while going towards Ghutri hill for relieving herself, noticed a dog barking continuously in that direction. After returning home, she asked Rambai’s son- Mahendra Singh (PW-2) to verify the place where the dog was barking. Thereupon, Mahendra Singh (PW-2) proceeded towards Ghutri hill and in an old pit, noticed that the chest, both hands, legs and clothes of a human body were visible, while the remaining portion was covered with soil. On close observation, he identified the body as that of his mother- Rambai. Thereafter, he immediately raised alarm, upon which villagers of the village reached the spot and noticed the dead body lying in the pit, partly covered with soil with certain portions eaten by animals. It is further the case of the prosecution that deceased had previous enmity with one Sukhsen and a long-standing land dispute with the appellants- Prem Singh, Arjun and one Rajkumar. On the information of Janki Bai (PW-1), First Information Report was registered against the unknown person vide Exs.P-24 & 31. After that, Inspector- Anand Ram (PW-17) forwarded a written requisition (Ex.P-13) to the Tehsildar, Baikunthpur, for exhumation of the body. Pursuant thereto, Tehsildar- A.S. Paikra (PW-13) conducted the exhumation in presence of witnesses after due notice, and prepared the Exhumation Panchnama (Ex. P-1). Thereafter, merg intimation was recorded vide Ex.P-15 and inquest proceedings were conduced vide Ex.P-3 and dead body of deceased was sent for postmortem examination where Dr. Yogendra Chauhan (PW-9) and opined that cause of death of the deceased was asphyxia due to strangulation and mode of death of deceased was homicidal in nature and give his report vide Ex.P-8.

4. During investigation, spot map was prepared vide Ex.P-7 and appellants were taken into custody vide Exs.P-25 to 28 respectively. Vide Ex.P-4, memorandum statement of appellant-Arjun was recorded, pursuant to which, one club was seized vide Ex.P-5. From the spot, pla